Madeline Brettingham v Information Commissioner
[2024] UKFTT 372 (GRC)
Julian Saunders v Information Commissioner & Anor
5 July 2024
[2024] UKFTT 583 (GRC)
First-tier Tribunal
Someone asked a council for information about councillor misconduct. The council said it would cost too much time to gather, so refused. The person appealed, but the judge agreed with the council. It was judged that the council's estimate of how long it would take was reasonable.
Key Facts
- •Julian Saunders appealed the Information Commissioner's decision upholding Sandwell Metropolitan Borough Council's refusal to disclose information about Code of Conduct breaches, citing Section 12 FOIA (cost of compliance).
- •The request sought details of Councillor investigations since a specific date, including names, complaint details, decisions, and investigators.
- •The Council argued that compiling the information from various sources (hard copy files, electronic folders, emails) for 74 cases would exceed the £450 cost limit (18 hours of work).
- •The Appellant disputed the Council's time estimate, claiming it could be completed much faster.
- •The Tribunal considered evidence from both sides, including the Appellant's own partially compiled data and the Council's detailed breakdown of time spent.
Legal Principles
Section 12(1) FOIA allows a public authority to refuse a request if the cost of compliance exceeds the appropriate limit (£450 for non-central government).
Freedom of Information Act 2000
The cost estimate under Section 12 must be reasonable, not precise. A quick calculation showing the limit is likely exceeded suffices.
McInerney v Information Commissioner and the Department for Education [2015] UKUT 0047 (AAC); Kirkham v Information Commissioner [2018] UKUT 126 (AAC)
The appropriate limit assessment is based on the public authority's actual information storage and retrieval systems, not ideal or assumed systems.
Commissioner of Police for the Metropolis v Information Commissioner and Mackenzie [2014] UKUT 0479 (AAC)
The Tribunal's role is to determine if the Commissioner's decision was lawful and to review any underlying factual findings.
Freedom of Information Act 2000, Section 58
Outcomes
Appeal dismissed.
The Tribunal found the Council provided a reasonable estimate of the cost exceeding the £450 limit (18 hours), considering the time required to collect, verify, and summarise information from diverse sources. The Appellant's alternative estimate was deemed insufficient.